The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have caused an accident while the Defendant, who had the record of drinking driving, was driving a drunk and suffered an injury in need of medical treatment for 16 weeks. In light of the circumstances leading up to the crime and the degree of damage suffered by the victim, the crime is not deemed to be inferior.

However, in full view of the following factors: (a) the Defendant agreed with the victim when he was in the trial; (b) the Defendant recognized the victim’s mistake and against himself; and (c) the Defendant’s age, character and conduct, motive and circumstances leading to drinking driving; and (d) the circumstances after committing the crime, etc., the sentence imposed by the lower court is unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for the reversal of the sentence of Article 62-2 of the Criminal Act on the grounds of the above reversal shall be determined as ordered in consideration of the circumstances.